Lost Wages To Sue For After A Car Crash Incident

Source: defense.gov

If you get injured in a car incident or any situation the other party is at fault, you can always have compensation. It is one of the things you are entitled to recover after the loss of wages and income. But how would you know what are these things to recover? Here are the seven fundamental types of lost wages and income.

Lost Salary And Lost Overtime – By the time you have to recover from an injury, you won’t be able to work. From there, you are entitled to ask for compensation for the days you won’t be able to attend office. It applies to a condition where you are required to have medical treatment or at least needs to be in assistance. Meanwhile, on your overtime cases, let’s say you have to take two weeks off, and you typically work at least 10 hours a day (including overtime), then you are allowed to have lost overtime compensation. You should get a 20-hour lost overtime reimbursement to say the least since it is part of your working salary distribution.

Lost Commissions, Bonuses And Personal Days – The time that’s spent on your recovery create a lot of problems, especially at work. The claim for reimbursement on your commission and bonuses can likely come from the salary you would have earned when you were able to work. So depending on your performance and qualifications for a higher rate, your compensation is a must. Also, you are entitled to demand for your lost personal days, such as vacation time and other times you need to run an errand. If you have to use these days up while you are currently on medical assistance and you miss work, or if you fail to generate them while you were out and under recovery, then these particular things are part of your damages.

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Tips – If your job is something that allows you to gain extra income from tips such as massage therapist, food server, lift driver and others, then you are allowed to make a claim. The lost tips are part of your wage and income damages. Therefore, the compensation that you will demand is valid and acceptable. It might seem to be a complicated situation because there is no exact amount involve though. However, a chance of getting paid for it is highly possible.

Lost Opportunity – The time you have to spend in recovery from a car accident can take longer than expected. From there, a lot of things might have happened. The lost of opportunity for advancement is one of the reasons you get entitled for a claim. There is no chance of bringing back a one time opportunity, so it is right to ask for compensation for the advancement you lost on that particular time. It could be a big project, a promotion to a better high paying position, or training for an advanced skill set — all the things you could have had but can’t due to a damaging incident.

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Lost Earning Capacity – The compensation of lost earning capacity is based on a projected loss you will encounter throughout your whole life. When the car injury impaired your ability to do the tasks you once can complete, the calculated reimbursement will be from the day of the incident up to the last day of your working capabilities. One example of this is the loss of motor functions. Once you lose the ability to move around, you also lose the ability to do the job. Eventually, you lose the job as well.

When a car incident happens, and the other party is at fault, you can seek compensation from these lost opportunities because it’s part of your rights.

Driver Safety Tips In Avoiding Car Incident

Source: defense.gov

A car accident is an important issue that affects everyone who owns and operates a vehicle. Since there are over millions of people who travel long miles away from home almost every day, the amount of cars on the road is massive. With all of these people and automobiles, the dangers on the road increase. There are about a hundred people who die in a car crash incident alone. So to always keep yourself and your family away from danger, you need to know the basic driver safety tips to avoid car accidents.

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Drive DefensivelyDefense driving means paying attention to what other people do when they are on the highway. You can help reduce the risk of the collision by avoiding mistakes and anticipating things that might happen. Let’s set an example on the fast lane. If you see a vehicle speeding up behind you, get over on the right-hand lane. Not only you avoided something from potentially happening, but you also managed to pay attention to the road ahead. Learning to adjust your driving habits is one way to secure a safe and effective driving.

Avoid Speeding – Speeding kills drivers and passengers instantly. It is one of the most significant contributing factors of the car crashing accidents on the road taking its toll on a 30% overall vehicle-related incidents. In at least thousands of car crash cases, fatal ones happen, and approximately 80% of lives are lost. So always obey and follow the posted speed limits to avoid problems on the road.

Always Lock Your Seatbelts – Seatbelts are made purposely for one thing – prevent injuries. It helps reduce crash-related deaths as well. That is because it minimizes the impact of possible contact of the body to the interior parts of the car that causes severe damages. It prevents both drivers and passengers from getting ejected in the vehicle after a forceful collision. A study shows that most related cases of car crash deaths are caused by not wearing seatbelts. Therefore, make sure to attach it properly.

Ensure The Vehicle’s Working Condition – Car accidents are avoidable when you ensure to keep your vehicles on regular service. Make sure that everything works perfectly fine from the brakes to the tire pressures to be able to necessary operate it. Try to learn and understand the essential parts of the car that requires specific attention.

Don’t Drink And Drive – One of the most common causes of car accidents is drunk driving. It is imperative to understand that driving under the influence of alcohol increases the risk of injury and death. The ability to safely operate a vehicle gets impaired because the body and mind are not capable of a quick reaction. It is impossible to pay attention to the dangers on the road due to intoxication. So instead of insisting on driving even if you only drink quite a few rounds, please consider calling a driver.

Don’t Text And Drive – Car incidents happen when you least expect it. And even if you think you can multitask inside the vehicle, never attempt to do it. Once you are on the road, everything becomes a blind spot so do not text and drive. Put your phones down or away from you and never attempt to send or read a text message while currently hitting on the wheels. You are not only taking your sight off the highway, but you are also diverting your attention from what you’re supposed to be doing.

Source: defense.gov

These things are obvious reasons to cause severe damages and even deaths. So as a driver, always stay alert and cautious. Be responsible for your actions and prioritize safety.

Road Safety – The Things You Should Know

Source: defense.gov

Road safety is the prevention and protection of road accidents. It requires the usages of all the road safety measures such as road signals, traffic lights, pedestrians, and so on. Though it doesn’t end all accidents that could happen, it can lessen potential danger through a lot of ways.

Three Categories Of Road Signs

  1. Mandatory Signs – It is a category of road signs that tackle on prescribing people’s behavior on the road. Typically, these signs are used for guidelines and are usually colored blue that indicates what specific action is required to do. These signs usually use white safety symbol on a blue background. Some examples of these are “one way,” “straight ahead,” “turn left,” turn right,” “route for pedal cycles only,” “minimum speed,” “mini round-about,” and so on.
  2. Regulatory Signs – From the root word regulation, these signs are enforced to maintain traffic laws. Its requirements apply in a specific time and place and are followed by people without questions asked. Usually, the disregard of these signs results in constitutional violation which requires punishment by the law. The examples of regulatory signs are “stop,” “give way,” “no parking,” “speed limits,” “wrong way,” “slow down,” “do not enter,” etc. It’s merely a combination of a red and blue circle, depending on the required prohibition of the area.
  3. Road Safety SignsRoad safety signs is the public’s most detailed regulation. It is also a combination of regulatory signs and mandatory signs created for roads and highways. Most of the time, it is an instructional type of signs that the government prioritizes. Some examples of road safety signs are “no right/left turn,” “road work,” “do not block the intersection,” “no stopping anytime,” “crossing ahead,” “no loading and unloading,” “deep excavation,” and a lot more. Most of these safety signs are symbols and characters on yellow diamond board.
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Aside from the categories of road signs, the most specific signs that people usually see on the road are the ones that maintain not only the driver’s safety but also the public who uses the road. Below is the list of these useful road safety signs.

  • Traffic Lights – Traffic lights is one of the most critical factors in attending road safety. It helps in regulating the flow of traffic on the road. It reduces the number of possible car crash incidents by facilitating the movement of each car that passes through different kinds of intersections. Its purpose also aims to avoid road congestion caused by unnecessary vehicle movement on the road.
  • Level or Warning Crossing Lights – Along with these traffic lights are the level crossing lights. It regulates a more precise usage of pedestrian lanes and other road signs. With the help of warning lights, people will know the right time to cross the road. Some crossing lights are positioned on visible corner areas so people can easily see it.
  • Traffic Signs – Traffic signs are placed beside, along, or above any roads and highways. Like traffic lights, it also aids the regulation of traffic on the road by giving drivers warnings about possible causes of vehicle accidents. Traffic signs maintain safety by providing driving conditions to vehicle owners. Also, it also allows a non-verbal way of communication so drivers can secure maneuvering a vehicle with less direct contact needed.
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People don’t need to have a vehicle to follow specific rules on the road. The proper knowledge of traffic and warning signs are enough to provide safety for everyone. They only have to understand each of the sign’s purpose because its primary goal is to educate people and discipline them to follow regulation and prohibition.

Most Common Causes Of Car Accidents

 

Source: defense.gov

People are aware that driving requires safety precautions. However, there are still those individuals who thought that they know everything. Sometimes, rules don’t apply to them, so the guidelines pretty much get ignored. Many drivers often see driving as a privilege that allows them to travel and experience convenience. But the truth is, it is a responsibility that they have to take good care. That’s because other people’s lives also depend on their capability to maintain safety regulations.

Over Speeding – Almost 1/3 of the reported cases of road incidents are due to over speeding. It increases the driver’s risk of losing control over the vehicle. It contributes to severe cases of mental and physical injuries too. Overspeeding is extremely dangerous. That’s due to its fatal result caused by the greater force of a collision.

Source: defense.gov

Distractions When Driving – Distractions that cause accidents in driving include eating in the car, having noisy passengers, and using mobile phones. Though the first two things are apparent, texting and driving are the worst. It doesn’t only make the driver becomes reckless but also takes away people’s lives in seconds.

Intoxicated While Driving – It is part of the list because it was never safe in the first place. Drivers commonly experience car accident because they still force themselves to drive even if they are not able to do it. The 10% of most fatal accidents always involve alcohol. In multiple studies, there are more than 11 million drivers who admit experiencing a near-death situation on the road because they were extremely dozed off.

Aggressive Driving – When it comes to the road, aggression or well-known as “road rage” is always a bad thing. It can include tailgating and encourages frequent lane-changing habit. In some unfortunate instances, it promotes disagreements that end in severe physical assaults among other vehicle owners. Aggressive driving escalates road problems quicker compared to other factors that cause car incidents.

Defective Road – Defective road construction is a ‘not-so-typical cause’ of a car crash, but it does create incidents at some point. Sometimes it is not because of the road itself, but the mismarked signs and malfunctioning signals along in its construction. It confuses drivers, so they somehow end up crashing into another car, or bumping into trees and concretes.

Fatigue Or Exhaustion – Not having enough sleep causes exhaustion. So when you know you lack one, avoid driving. Because when the body is restless, and there’s an “insist” on driving, there’s a big possibility that an individual might suffer from physical pain and discomfort. It will hinder a safe maneuver on the vehicle that might result to loss of control.

Defective Care Parts – Defective car parts might be a less important issue to some people, but it adds tons of cases of the car crash on the road. That’s because some people ignore the signs that tell them there’s something wrong in the vehicle. Not checking for possible brake failure, blow out tires, and additional mechanical issues are one way to expect a car accident. Also, the unchecked engine that sounds a bit unusual is never normal.

Poor Weather – Whether conditions add more and more cases of car incidents all over the world. People still disregard it as a source of mishap. Sometimes, because they don’t consider the weather is giving them a hard time driving, they continue on the road without thinking about possible danger.

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Safety is everything when it comes to driving. One of the primary responsibilities of a driver is always to check and secure the guidelines of proper driving. The critical parts of your vehicle, the road signs, and adequate attitude in driving add up too. Everything about driving requires full attention, complete awareness and commons sense.

The Rights Of A Passenger In A Car Accident

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Most people that are involved in an accident and are passengers in cars commonly know the driver. He may be their friends, family member, or close associates. That is why in some unfortunate cases, they often don’t want to interfere with that relationship by claiming compensation on the recovery of their injuries.

However, the negotiations go on between the insurance company and the legal counsel. The drivers or the owners of the vehicle hardly ever know anything about what is going on with the process. Most of the time the only thing that matters is the result long before the case gets files and long before the trial can occur. So often, there’s a very little interference with that relationship. However, in some unfortunate events, the insurance company doesn’t act, and there’s no proper resolution to the claim. Therefore, a lawsuit needs to get filed. There are situations that even if you are naming your friend as a defendant for the case, the battle is still between the insurance company and you. It’s not between you and the person you know who’s behind the wheel. Most lawyers will look forward to getting compensation strictly to the insurance company only and not into your friend or family member that causes the accident.

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The Clarification Of The Claim

Your right as a passenger doesn’t depend on who is at fault. The only difference is who you are making a car accident claim against. If ever an incident that your friend or relative who’s driving the vehicle somehow contributed something in the collision and marked at fault, you still have an option to think about the claim. Instead of you making a claim against the other driver’s car insurance company, you can make a claim against the insurance policy of the car that your friend or family member is driving. You may think that the process causes a conflict of interest, but it’s not. The whole purpose behind having insurance on your car is precisely made for this exact reason. Most people don’t understanding the concept because they don’t want to ruin a relationship just because of an injury recovery claim.

If you happen to be a passenger in a car accident and you want to obtain decent compensation for the injuries, you need to contact an injury lawyer. The one that can help you answer the question that you have about who to make a claim against with, how to proceed in negotiation, etc. The attorney will then work with the insurance company to get you the right compensation. At the same time, the lawyer is also committed to preserving and protecting your relationship with the person behind the wheel.

In some instances, there can be a situation that both drivers become equally at fault for the car crashing incident. In which case, this would need medical records, proof of injuries, and list of bills. It will be submitted to both cars’ insurance companies, and they would pay it 50-50. From there, you can get half of the proceeds from one car insurance company and a half on the other one as well. In that sense, it makes no matter to you because you will still get the complete compensation you need at the end of the process. So as a passenger in an auto accident, you’re going to be protected and compensated.

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So if you are in a car wreck and your driver is at fault, you can make a claim against the auto insurance policy of the car company. There is no need to worry about how your friend or relative would feel about such a claim because you’re not after them.